Law Commons^™

Contract Law/Property Law - Just Text The Contract Over - St. John's Holdings, Llc V. Two Elecs., No. 16 Misc 000090 Rbf, 2016 Wl 6191911 (Mass. Land Ct. Oct. 24, 2016), Darius Brown

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Civil Rights - Medical Marijuana Recognized As Facially Reasonable Accommodation Under Handicap Discrimination Claim In Massachusetts - Barbuto V. Advantage Sales And Mktg., Llc, 78 N.E.3d 40 (Mass. 2017), Molly Carroll

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Criminal Law - Prosecutorial Mistake Results In Sexual Assault Retrial - Commonwealth V. Angel Luis Alvarez, 103 N.E.3d 1202 (Mass. 2018), Danielle Paulson

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Constitutional Law - Let Them Eat Cake - Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm'n, 138 S. Ct. 1719 (2018), Timothy Rennie

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

A Fractured International Response To Crispr-Enabled Gene Editing Of Agricultural Products, Christopher M. Holman

Faculty Works

In 2015, Science Magazine named CRISPR gene editing technology its “Breakthrough of the Year,” and for good reason. CRISPR represents a transformative advance in the ability of biotechnologists to edit genes and genomes in both humans and nonhuman organisms. This article begins with a discussion of recent advances in gene editing, including the development of CRISPR and other sequence-specific nucleases (SSNs), and how this new technology compares to other techniques for genetically modifying agricultural plants such as selective breeding, induced random mutagenesis, and, more recently, the use of recombinant technology to produce transgenic plants. It then turns to the complex …

Discrimination By Design?, Naomi Cahn, June Carbone, Nancy Levit

Faculty Works

Platform world is speeding the redesign of employment. Bricks-and-mortar firms once hired through narrow portals and then invested in the workers they hired, providing job security and predictable career ladders. Platform world flings the doors wide open to income-generating efforts, providing new opportunities but also offering security and predictable advancement to almost no one.

Other legal scholars have mined these same data for gender disparities; they have found disparities in the platform economy arising from customer biases and individual preferences, and manifested in men’s and women’s different experiences in everything from pricing plumbing services to fraud prevention. Neutral-appearing algorithms may …

Annotated Bibliography Of Selected Issues In Family Law: Addiction, Advance Healthcare Directives, The Uniform Parentage Act, And Self-Represented Litigants, Allen K. Rostron

Faculty Works

No abstract provided.

Quadratic Voting And Blockchain Governance, Del C. Wright Jr.

Faculty Works

No abstract provided.

Nuvo V. Dr. Reddy And The Patentability Of Prophetic Pharmaceutical Inventions Based On Unexplained Inventive Insight, Christopher M. Holman

Faculty Works

No abstract provided.

Trump’S Angry White Women: Motherhood, Nationalism, And Abortion, Yvonne F. Lindgren

Faculty Works

A majority of white women — fifty-two percent — voted for Donald Trump in the 2016 presidential election. White working-class women supported Trump in even greater numbers: sixty-one percent of white women without college degrees voted for Trump. This result seems remarkable considering Trump’s derogatory statements about women and his staunch opposition to legal access to abortion. Why did white women, especially those most likely to need access to reproductive healthcare—poor and working-class women — vote heavily against their own interests to embrace a candidate who called for punishing women who access abortion? Much recent commentary has considered this question …

The Human Element: The Under-Theorized And Underutilized Component Vital To Fostering Blockchain Development, Joshua A.T. Fairfield

Cleveland State Law Review

Blockchain is about one-third math and two-thirds game theory. The math runs on silicon processors. The game theory runs on grey matter. Earlier in this symposium, the last panel essentially asked, "What's different about blockchain and its relationship to humans?" That will be our focus: What is the right relationship between technology and the community that builds it? And, why would we care?

Municipal Minimum Wage Ordinances In Ohio: A Home Rule Analysis, Paul J. Lysobey

Cleveland State Law Review

In 2016, a grassroots proposal in Cleveland, Ohio sought to raise the minimum wage in the City of Cleveland to fifteen dollars per hour. But before Cleveland residents could vote on the proposal, the Ohio legislature enacted Senate Bill 331, prohibiting Ohio municipalities from setting their own minimum wage rates. However, the Ohio Home Rule Amendment gives municipalities the right to self-governance in certain instances, and there is question as to whether the Ohio legislature’s action is a violation of the right to home rule for Ohio cities. This Note evaluates the constitutionality of Senate Bill 331’s minimum wage provision …

Cover, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

The Deliberative Privacy Principle, B. Jessie Hill

Faculty Publications

In this article, I propose that there is a deep connection among at least three seemingly disparate types of constitutional rights claims. Those three rights claims are the right to make the abortion decision for any reason one chooses; the right against compelled ideological speech; and the right of religious institutions to freely hire and fire their ministers (also known as the “ministerial exception”). In particular, there is a thread that unites all of these types of claims. That unifying thread is the concept of deliberative privacy. The connection among these rights claims has not been previously made explicit by …

The Problems With Pornography Regulation: Lessons From History, Thomas C. Arthur

Emory Law Journal

A growing new anti-pornography movement has arisen in reaction to the ready availability of pornography on the Internet. It seeks stricter legal prohibitions on ¿obscene¿ materials, even when viewed in private homes, and greater enforcement of existing laws. History demonstrates that these proposals are unsound for three reasons. First, ¿obscene¿ pornography is difficult to define without violating the First Amendment. Second, Prohibition demonstrates the difficulties of laws depriving citizens of goods that they desire on moral grounds they do not share. Censorship of online pornography would present similar problems. Third, any broader definition of obscenity would be inconsistent with basic …

The Power Of Distant Rewards: Driving International Innovation Through United States Patent Incentives, Richard S. Gruner

Fordham Intellectual Property, Media and Entertainment Law Journal

Technological innovation outside the United States is increasing. The United States remains the largest single source of new inventions, but the rest of the world produces most technological advances. Yet, even as innovation capacity outside the United States grows, the production of advances remains underincentivized in many developed and developing countries. Weak incentives apply to the outlier advances that are the province of patent laws. These outlier advances—typically reflecting material departures from prior technical knowledge and potentially establishing fundamentally new lines of technological development and consumer products—are particularly important components of technological development. By shortchanging incentives for outlier advances, society …

The Market For User Data, Olivier Sylvain

Fordham Intellectual Property, Media and Entertainment Law Journal

Policymakers are today far more alert than ever before to the myriad ways in which tech companies collect and distribute consumers’ data with third-party data brokers and advertisers. We can attribute this new awareness to at least two major news stories from the past six or so years. The first came in 2013, when Edward Snowden, the former National Security Agency contractor, leaked highly classified materials that revealed the ways in which United States national security officials, with the indispensable cooperation of U.S. telecommunications companies, systematically monitored telephone conversations and electronic communications of U.S. citizens and foreign nationals. The story …

Bringing Swirly Music To Life: Why Copyright Law Should Adopt Patent Law Standards For Joint Authorship Of Sound Engineers, Andrew Nietes

Fordham Intellectual Property, Media and Entertainment Law Journal

Geoff Emerick, acclaimed sound engineer for The Beatles, passed away in October of 2018. Emerick helped shape The Beatles’ sound and worked to create many of their most recognized songs, yet, under the current joint authorship standards he likely would not be considered an author of these songs. This Note details the work carried out by sound engineers in the music industry and describes how current joint authorship standards affect them. It then proposes a reinterpretation of joint authorship in the copyright statute to ease these standards by borrowing from another area of intellectual property law.

Standing Up For Stand-Up Comedy: Joke Theft And The Relevance Of Copyright Law And Social Norms In The Social Media Age, Hannah Pham

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article reveals that while social norms offer protection to stand-up comedians against joke theft within the stand-up comedy industry, they do little to prevent joke theft outside the traditional comedy community. Joke theft has risen with the increased popularity and use of social media. In particular, joke aggregators such as “The Fat Jew” take and publish on social media jokes by other comedians. In the social media world, the norms system underperforms. Norms do little to protect against joke theft by joke aggregators because they exist outside of the industry and are unaffected by norms governing stand-up comedians.

This …

“Why Do You Want My Password?”: Assessing Ultimate Control Of A Journalist’S Twitter Account Used For Work Purposes, Benjamin Halperin

Fordham Intellectual Property, Media and Entertainment Law Journal

A journalist’s value to an employer can be seen differently in the age of social media. The value to the employer is not necessarily just measured by the number of words or articles produced, or even by how much their work drives increased website traffic or increased subscriptions. In addition to generally maintaining a social media presence, journalists are often encouraged or expected to use their social media accounts. However, such accounts might be in the individual journalist’s name and might pre-date the term of employment with that specific media entity. Therefore, a debate can rise over who might “own” …

Platform Society: Copyright, Free Speech, And Sharing On Social Media Platforms, [email protected]

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Case Innovation & Entrepreneurship, Case Western Reserve University School Of Law, The Spangenberg Center For Law, Technology & The Arts

Case IP Law News

Vol. 6, #1

• Fusion program partners with university’s think[box]...
• Community Development Clinic aids creative community hub’s pursuit…
• Local inventor patents ion-propelled aircraft with help from CWRU’s IP Venture Clinic
• Former model earns summer fashion law internship
• Spangenberg fellowship funds student trip to South by Southwest
• College athlete turns to sports law with help from Great Lakes Sports and Entertainment Law Academy
• Andrew Geronimo named director of the Intellectual Property Venture Clinic
• Spring 2019 Featured Lectures
• Featured Alumni
• Spangenberg Center Faculty

In Brief, Case Western Reserve University School Of Law

In Brief

Table of Contents:

• An Update from the Deans: Q & A
• Case Western Reserve University School of Law raises $58 million, capped off by a $10 million landmark gift from an alumnus to establish the Coleman P. Burke Center for Environmental Law
• Opioid Epidemic: Case Western Reserve law grads play central roles in unprecedented opioid litigation
• Fusion program partners with University's think[box] to give students a first-hand innovation experience
• CWRU Law launches Yemen accountability project to document war crimes for future prosecution
• Ohio Attorney General awards funding to human trafficking clinic
• Keeping Do-It-Yourself Gene Science Safe: CWRU team will provide …

Our Students Explore, Experience And Excel, Case Western Reserve University School Of Law, Law-Medicine Center

Case Law-Med

• Alison Smith’s passion for helping vulnerable populations to access healthcare drove her to Case Western Reserve University’s health law program
• Case Western Reserve University’s Law-Medicine Director awarded federal NIH grant and presented at Harvard conference
• Law Professor Jonathan Adler elected to prestigious American Law Institute
• Katharine Van Tassel joins CWRU Law as Visiting Professor 
• Health law students excel in writing
• Opioid Epidemic: Case Western Reserve law grads play central roles in unprecedented opioid litigation
• Health law faculty publications
• The Law-Medicine Center’s 2018-18 events
• Faculty in the news: What we’re saying about Obamacare, abortion, opioids and genetically engineered babies
• Gerber Fellows …

Moneyball In The Era Of Biometrics: Who Has Ownership Rights Over The Biometric Data Of Professional Athletes?, Christopher Casher

Dalhousie Journal of Legal Studies

The 2003 release of Michael Lewis’s book, Moneyball, brought into the mainstream a new paradigm for professional sports management: the use of statistical analysis to identify currently undervalued athletes in an effort to gain a competitive advantage. This pressure to accurately value athletes has led, in part, to the widespread collection of professional athletes’ biometric data. While biometric data can create many benefits, its misuse can lead to detrimental outcomes for the athletes, including inequitable contract negotiations, loss of potential revenue from monetization of said data, and a loss of privacy. Thus, this paper seeks to determine who holds the …

Money Bail Criminalizes Poverty, Lara Bazelon

Journal of Interdisciplinary Perspectives and Scholarship

The Bay Area is home to a movement to challenge the money-bail system, which disproportionately impacts community of color, and Lara Bazelon discusses the work of the USF School of Law’s Racial Justice Clinic.

Ethnic Studies In San Francisco High Schools: A Model For The U.S.?, Noah E. Borrero

Journal of Interdisciplinary Perspectives and Scholarship

Noah Borrero discusses the development of ethnic studies programs in California public schools and recent initiatives to bring courses to San Francisco high schools.

Bay Area Resistance To Trump’S Anti-Immigrant War, Bill Ong Hing

Journal of Interdisciplinary Perspectives and Scholarship

From the Muslim ban to the assault on sanctuary cities, to the repeal of DACA, the Trump administration’s policies on immigration may be the worst in a generation. Bill Ong Hing outlines the long history of anti-immigration policies from past administrations. In the Bay Area, immigration service providers have continued their work to protect immigrants and their families.

California Is The Home Of The Multiracial Movement, Saera R. Khan

Journal of Interdisciplinary Perspectives and Scholarship

California is home to the largest and fastest growing ethnic identity group. Saera Khan contends that multiracial individuals want to be accepted by multiple groups and she argues for understandings of identities as shifting, fluid, and dynamic over time.

Why Aren’T There More Female University Leaders?, Shirley Mcguire

Journal of Interdisciplinary Perspectives and Scholarship

Many women in leadership emerge from California, but there are still too few women in academic leadership positions. Shirley McGuire considers different pathways that women take to leadership positions and ways to encourage gender equity in higher education.